Wednesday, February 3, 2016

Can I drink on DUI probation?

Many clients wonder whether their probation for misdemeanor Driving under the Influence (DUI) in Florida also includes no alcohol consumption.  While every case is different, it is important to keep a few things in mind.

(1) You live by the Rules:

The Probation Order will clearly outline what you can and cannot do.  Get it. Read it. Memorize it.  If there are ambiguities like "follow standard conditions," ask your attorney or probation officer to explain what the term means.  If you want to know if you can drink, you can always ask.

(2)  Your new best friend.

Your probation officer (PO) has a lot of discretion to violate you or not violate you.  If the PO doesn't like you (because you don't do what your supposed to, you have an attitude, or you simply rub them the wrong way) life can be more difficult.  It's best to work with your PO to stay on their good side.  There is no time like the present to get your life together and be on top of your probation and cut out alcohol for a few months.

(3) Your Jury, Judge and Executioner:

If you violate probation, the same judge who knew the facts of your case and possibly how belligerent and drunk you got, heard all the excuses, gave you probation rather than jail time is the same person that you'll be asking for a second (or third) chance.  Just like your probation officer, it's best to keep the judge on your good side.  If you are violated for drinking, or worse, an alcohol related offense, the judge will probably be less willing to give you a break.

(4) Common sense:

You got a DUI.  Although anyone can find themselves facings a DUI, alcohol directly put you in this situation.  It's better to avoid it. 

If you are facing a violation, call an attorney. 

Plata Schott Attorneys & Counselors at Law is a law firm with offices in Jacksonville, Florida serving all of Northeast Florida. For more information, call 904-516-5560 or visit www.plataschott.com. 


2 comments:

  1. To answer the question, if drinking got you in all this trouble, I would try to stop for a while just to see if you can turn a corner. When your probation is over, if you are still drinking and this happens again, you'll risk more than losing your license: you could kill another driver and then jail would be your next concern.

    Kim Hunter @ K Hunter Law

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  2. I found myself slapping my head after reading this question. Wasn't the DUI a wake-up call enough? If you still have the urge, or need, to be drinking, it might be time to take a closer look at the underlying problem here. The punishment obviously did not fit the crime here, I would be terrified to ever drink again if I got a DUI.

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